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Employment Termination

Inside information: the value of an exit interview

Exit interviews

Staff turnover is one of the most significant HR costs in any business. The direct costs seem obvious but based on a review of 30 case studies in 11 published research papers, it is estimated the cost to replace a worker is one-fifth of an employee’s annual salary.


Be 100% sure of your facts before you dismiss

South Africa’s government has implemented a set of labour laws that, over the years, have become immensely restrictive on employers. Government has done so in the name of fairness for employees. However, many employers do not gather enough proof before they dismiss an employee…


Unfair labour practices: a nightmare for HR professionals

As the concept of ‘unfairness’ is not defined in the Labour Relations Act (LRA), HR professionals have been left scratching their heads about what it really means if something is unfair. To shed some light on the subject, I propose that something an employer does is ‘unfair’ in labour law if it infringes the employee’s fundamental rights, is one-sided, unnecessary and/or inappropriate under the circumstances.


Discord in retirement reform over fund trustees’ increased liability

There is a discord between calls to reduce retirement fund costs, according to the fifth discussion paper released towards the beginning of July by the National Treasury, and fund trustees’ increasing liability: trustees can be held liable, in their personal capacity, for certain fund-related events.   


What is unfair?

Of all the confusing legal terms used in labour law, the one that keeps most HR, IR and legal practitioners awake at night is the term ‘unfair’. This is not defined in any of the statutes, which leaves the decision of what is ‘unfair’ to whoever is applying their mind to each individual case.